Posted by Negretes Notary Service on 12/28/04 2:14am
Msg #14583

What should I do to this Notary?

I will not mention a name at this point but I have something I would like to ask all experienced notaries out there in notary world.

I had a closer go to a borrowers home and the borrower did not want to close because the loan was not what the borrower had asked for from the loan officer. OK,well no big deal you would think right. The borrower got a hold of the Loan Officer and said I am not going to sign. I have very clear directions on my Work Order Confirmations that you must call from the singing table or we reserve the right to NOT pay any fees associated with the closing. ( hang in there cause it gets better at the end )

I get a letter from the closer that the closing did not happen because of the above mentioned reasons. In the letter she also mentions that she TOLD THE BORROWER THAT SHE COULD HELP HER GET A BETTER LOAN FROM A DIFFERENT LENDER AND THAT SHE WOULD BE GLAD TO ASSIST HER WITH GETTING THIS DONE. ALSO SHE LEFT ALL THE DOCUMENTS WITH THE BORROWER.

I would like to know what the notary community thinks of a notary that would do something like this, is she trying to help me lose my company or is she just plain ignorant or does not have a clue as to what she did to herself and my reputation as a SS.

Can someone please help me here I am appalled at this kind of action. What do you think I should do to this notary ? How can I stay in business like this ?

Anthony J Negrete
Negrete's Notary Service.

Reply by Earldean Mayfield on 12/28/04 2:24am
Msg #14584

What ever it takes, I certainly would'nt give him/her any more signings and certainly no pay. That a real no-no. That like stealing a Real Estate commission and if it were mine I'd be hoping mad too.
I'm sure that notarys have a code of ethics if not there should surley be one

Reply by mike/ca on 12/28/04 9:46am
Msg #14590

My daughter is a Manager for Global lending out of vegas and one rule of the house is we never talk shop or about anything to do with loans or customer's on either of our side's. The notary was probabley getting a reward for finding new leads for the lender. Sad day for the decent Notaries out there.

Reply by ewns on 12/28/04 10:18am
Msg #14591

I wouldn't EVER use that notary again, and certainly would not pay them! Common sense would tell you that docs are NOT left with the borrower, but are returned to the agency, or destroyed. Also, common sense would tell you that discussing another loan option with the borrower is not good business. Obviously, this notary doesn't have a clue. Maybe you should consider charging the notary for non-return of documents!

Brenda/Gene

Reply by Nicole_NCali on 12/28/04 10:46am
Msg #14593

That is a big no no. I am a relatively new notary and I do work for two friends who are loan officers from different companies. I never discuss new loan terms or alternate loans. It is a moral issue and a professional issue. Even when I do signings for other companies, I never discuss their loan or alternatives. That is not my job, I am there to point out your paperwork, direct you back to your loan officer, if there is something wrong or not agreed upon, and ensure that you initial and sign the pages. This person is a big no no and that is not cool at all.

Reply by BrendaKhan on 12/28/04 11:27am
Msg #14597

There is not much you can do to this notary other than adding this persons name to your "do not ever call notary list", and no payment due to his/her negligance and for leaving the unsigned docs with the borrower. Posting this persons name and location would also be a means of getting the word out to other notaries and SS's.

A letter to the lender and title company might also be added stating your reasons why you have withdrawn this notary from any future assignments from your company.

It is very unethical to do what this person has done, there is no doubt about that. This person has definately crossed the line and should have some sort of repremand.

This is my opinion on this matter. BK-FL

Reply by Lawrence Goodwin on 12/28/04 11:42am
Msg #14601

I would think long and hard first about posting this persons name & location on the boards. There could be repercussions in doing so. If she is known to us on the board, perhaps she will tell her side of it.

Reply by BrendaTX on 12/28/04 12:37pm
Msg #14608

I would not pay her/him, for certain. HOWEVER, I would put a note on the forums to the effect that if this has happened to other SSs, they could get with you and you’d share this information with them, or compare notes. I would not publish the notary's name on the forums because that’s leaving yourself open for problems IMHO. It might not do as much damage as you feel like right at the moment, however, it would give a severe wake up call to the one that blew it for you.

Reply by WaNotary on 12/28/04 7:14pm
Msg #14664

I would contact the State Licensing Department in the State this Notary is in. In Washington State, a Notary can have their commission stripped for "advising" the client on any matter as well as have to pay a fine. In your case, you have the written proof from the Notary and a statement from the client. This Notary made your company and your client look bad. This Notary deserves to be decommissioned. I would persue it.

Reply by Becca/FL on 12/28/04 1:11pm
Msg #14611

Tony, If I were you, I would definitely reprimand the SA and let her know she would no longer be receiving assignments from your company because of her unprofessional conduct.

The fact that the notary wrote you a note saying that she would refer the borrower to another lender tells me that the Notary believes that this practice is okay, which it is not. This is a clear case of conflict of interest and I am also appalled by her actions.

As SA's, I think we all have seen deals that were not very good, in our eyes. However, we are at the closing to facilitate the signing and not to share our opinions. We are NOT there to "Advise" we are there to notarize.

Reply by Robin_IN on 12/28/04 9:17pm
Msg #14694

I agree with everyone's opinion about this Notary. The only thing I thought about to avoid this situation in the future would be to add to every single set of "Notary Instructions" something to the effect that "loan terms, rates, etc. are NOT to be discussed with Borrower. You WILL be held accountable for this type of behavior". Yes, this SHOULD be a common sense, no-brainer issue, but some people need it spelled out for them...more than once, and unfortunately, you don't know who those people are until after something like this happens. Just a thought - hope it helps.

Reply by Anonymous on 12/28/04 10:06pm
Msg #14714

If you do not know what to do in this situation you should not be in this business; one of the reasons this happens to people is because they think this is an easy business to run; if you do not know how succeed in your current capacity then you should just work as a signing agent; it is a complicated business with huge pitfalls for the inexperienced and I hope you are insured. I have had 17 years if experience in this industry and it is not for novices like yourself. You are being very reckless and your clients will wind up suing you.

Reply by Happy in Fl on 1/1/05 6:02am
Msg #15154

In retrospect-

Just read all the previous posts-- seems like " the counsel of many, offers much good input".

Okay- it happened- for whatever reason- it happened! The SA was definetly 'out in left field'.

As Independant Contractors, you cannot blame yourself the SS, for what He/She did- but it does make you look bad to your Lender. However they know you are going to Farm-out the task- And to the best person you know in the area.. But sometimes you have to go with an unknown, for many reasons.

Experience is very costly, they say. We all learn many things the hard way. 99.9% of us 'Know, Right from Wrong ' in this business-- but one bad apple can spoil the bushel quickly.

Letters to the Lender(s) explaining as you said- should be accepted by them, along with apology- tell the SA "Never Again" - and go on from there..

IMHO that said- Drop it- move on-keep getting work- keep sending it out- Let this be water under the bridge.

Wish you a Prosperous New Year--have followed most of your Posts--Believe you are doing fine..